Allgemeine geschäftsbedingungen

Terms of Use

These Conditions describe the terms applicable to the services and contents offered through the website www.rockingseats.com as well as all the websites it contains (hereinafter, „the Portal“) of which the commercial companies The Rocking Enterprise GCV or Rocking Seats (hereinafter, „The Companies“) are the joint holders.

The use of the Portal on your part implies the unreserved acceptance of all these Terms of Use. If you do not agree with these terms, you must not use this website. The use of the Portal also requires you to be of legal age and to have sufficient legal privileges under applicable legislation to be bound by these Terms of Use.

When you visit or use the Portal you must do this at all times in a responsible manner and in accordance with current legislation and the rules of good faith, while always respecting the intellectual and industrial property rights owned by the Companies, any other commercial company of Rocking Seats or any other third party, whether an individual or legal entity.

It is expressly prohibited to use, by any direct or indirect means, any of the contents of the Portal for purposes that are or could be construed as being unlawful, or to perform any action that causes or may cause damage of any kind, or alterations not consented to by the Companies, to the Portal or any of its contents.

Notwithstanding the general binding nature of these Terms of Use, there is the possibility that certain services or tools offered on the Portal have special conditions that complement, replace, or render ineffective some or all of these Terms of Use, which will require your express consent and which may, in any case, be consulted before the service is received.

Intellectual and Industrial Property

All intellectual and industrial property rights over the content of the Portal (purely informative examples would include texts, images, logos, logotypes, signs, sounds, video animations, source code, design, navigation structure, databases, etc.), whether they are the property of the Companies or are that of other commercial companies of Rocking Seats, including in this case the Companies that have sufficient rights for their exploitation in any form and especially those of reproduction, distribution, public communication and transformation.

Access or use of the Portal by you shall not be considered in any way to be granting rights, authorisations or licenses of any kind by the Companies, the rest of the commercial companies of the Rocking Seats Group, or by third parties, regarding the content. The reproduction, distribution, public communication and transformation, in any form and of any content subject to intellectual property rights mentioned in this clause is prohibited, unless you have the prior and express written consent of the owner.

Notwithstanding what is stated in the previous paragraph, the Rocking Seats trademark and the logo are the property of „The Rocking Enterprise GCV.“ (a commercial company registered in Belgium), and the access or use of the Portal by you does not imply the granting of any right of any nature over them. Its use for commercial purposes or for any other purpose is expressly prohibited.

The Companies reserve the right to exercise before the user appropriate legal and extra-judicial actions derived from any action that infringes upon the intellectual and/or industrial property rights existing for the Portal materials and contents, without prejudice to any other actions, whether judicial or extra-judicial, that may be carried out by the other the companies of the Rocking Seats Group or other third parties, whether individuals or legal entities, who may be the holders of the said rights, in defence thereof.

Hyperlink Policies

In the event that you intend to publish a hyperlink to the Rocking Seats website, you shall not imply that Rocking Seats has authorised the hyperlink or that it has approved or authorised the content of the web page which includes the hyperlink, nor make false, inaccurate or offensive statements about Rocking Seats or any of its workers, or include on the same page as the hyperlink any inappropriate, defamatory, illegal, obscene or illegal content, or any other content that in any way breaks the law. You may not create macros („i-frames“) with web pages or Rocking Seats websites.

The Companies reserve the right to communicate with you if they consider that you have violate the rules established for hyperlinks, as well as to exercise the relevant judicial and extra-judicial actions arising from any behaviour contrary to the provisions of the previous paragraph.

Liability

The Companies do not guarantee the correct and lawful use of the website by its users, and, consequently, they decline any type of liability derived from any actions contrary to current legislation, expressly including manifestations of any kind portrayed through applications or tools available at any time in the Portal, that are inappropriate, defamatory, libellous, offensive, racist, obscene, or discriminatory, among others. Similarly, the Companies reserve the right to exercise the pertinent judicial and extra-judicial actions, derived from any conduct contrary to the provisions of this paragraph.

Except for the limits established in the law, the Companies do not assume any liability derived from the following situations that are listed below as examples, but not limited to:

  • any errors that may occur as a result of incidents due to problems in the Internet network including the inability to access the Portal, both as a result of routine systems maintenance operations and essential updates for its smooth operation.
  • portal use by minors or minors sending their personal data without permission of their parents or guardians; where this occurs, the parents or guardians will be held liable for the responsible use of the Internet by the minors. Rocking Seatsrecommends the installation of certain tools for controlling Internet use in order to avoid access to websites or contents that are not suitable for minors.
  • for example, the contents to which the user can access through links not authorised by Rocking Seatsor that are introduced by users as comments or by using similar tools, when these are made available to them in the Portal.
  • the input of inaccurate data by you or an unauthorised third party, as well as problems with the email address that you provide to us if it is incorrect or does not function properly outside of Rocking Seats.
  • unlawful use that users of the website contents and materials may make in violation of the intellectual and/or industrial property rights of the website contents under the terms established in the section „INTELLECTUAL AND INDUSTRIAL PROPERTY“ of these Terms of Use.

The Companies state that they have applied the highest existing security standards so that your use of the Portal is fully secure and satisfactory. However, the Companies cannot guarantee the absence of viruses or other elements that could damage or alter a user’s computer system (both hardware and software), nor assume any responsibility in the event this occurs. It is your responsibility as a user to have adequate tools for detecting viruses or any other harmful computer element.

Amendments to these Conditions

The Companies reserve the right to unilaterally modify, totally or partially, without prior notice, the present Terms of Use and any other specific condition that may modify, delete or totally or partially render void other parts of the Portal that may affect the configuration, presentation and design of the Portal or any of its elements and services. Any time you subsequently access these modifications to the Portal will constitute your acceptance of them.

Applicable Law and Jurisdiction

These Terms of Use are governed by Belgian law. In the event of a dispute related to the application of these terms, the parties will submit to the jurisdiction of the Courts and Tribunals in the territory (Mechelen) in accordance with applicable legislation.

General conditions for Shopping Online

This document, together with all the attached documents, regulates the conditions that govern the use of this website www.rockingseats.com and the purchase of products through it. By placing an order, the Customer agrees to be bound by these General Conditions for Online Purchases, as well as the Conditions of Use, the Privacy Policy and the Cookies Policy: https://wwwrockingseats.com/privacy/ Rocking Seats may modify these General Conditions for Online Purchases, as well as the Conditions of Use, the Privacy Policy and the Cookies Policy: https://wwwrockingseats.com/privacy We recommend that Customers read the conditions when they place their order, given that the conditions that are available on this website at any given time will be applicable, and the acceptance thereof is always a prior and indispensable step for contracting. An order may be formally placed by the Customer in any of the languages that are available on the web page: Dutch, French and English.

1. OUR DATA:

This website is operated by:

The Rocking Enterprise GCV

Address of registered office: Fortsesteenweg 34 /2 – 2860 Sint-Katelijne-Waver – Belgium

Phone: +32 (0) 497 23 27 59

E-mail: [email protected]

Company number: VAT BE 0691 603 466

Hereinafter “Rocking Seats”.

2.INFORMATION AND DECLARATIONS PRIOR TO CONTRACTING

The customer, before entering into the contract and during the purchasing process, may access, save and print these general conditions of contract for their reference. All the information and personal data that the Customer may provide when using this website will be processed in accordance with Rocking Seats’s Privacy Policy, in accordance with the data processing agreement that is specified in these Purchasing Conditions and according to the options marked by the Customer when accepting the Purchasing Conditions. The Customer declares that all the information and data that they may provide to Rocking Seats are accurate and true. If the Customer does not provide all the necessary information, it will not be possible to process the order.

The Customer undertakes not to place any false or fraudulent order, and under such circumstances, Rocking Seats reserves the right to cancel the order and take the appropriate actions.
The Customer declares that they are over the age of 18 and that they have the necessary and sufficient legal and dispositive capacity to enter into contracts with a financial content.
In the case of legal persons, the natural persons acting on the behalf and representation thereof, through this site, assure Rocking Seats and related third parties who provide the contracted services that they hold sufficient representation in their favour from the corresponding legal person at the time when they make a purchase, and they assure that, at the time when the transaction is conducted, they are not violating any rights of any third party in this regard and that the data and information pertaining to the legal persons are accurate, true and reliable.
Rocking Seats may not be held liable for any damages or losses to persons and/or property that may be the result of or be related to the preceding declaration.

3.GEOGRAPHIC SCOPE
The products that are offered through this website are only available for delivery or pick-up in Europe, excluding any islands.

4. PRODUCTS

The Customer declares that they know that all products sold by Rocking Seatsare for domestic use only and that the products have been submitted to testing methods in accordance with respective guidelines and standards.

The warranties offered by Rocking Seats with respect to all its products are subject in general to the use thereof for domestic purposes. Before purchasing a Rocking Seats product, Customers should, in all cases, ensure that it is suitable for the use that it will be given. Therefore, descriptive product data sheets are available for consultation at the Rocking Seats website: www.rockingseats.com
Rocking Seats declines all liability for any claims arising from using an Rocking Seats article for any purpose other than the one for which it was designed.
The Customer declares that they know that Rocking Seats has no certified management systems according to international standards. At Rocking Seats, the objective is for the Rocking Seats brand itself to be a guarantee of trust for its Customers, both for the processes that are followed and for the articles that are sold.

5.TECHNICAL MEANS FOR CORRECTING ERRORS
This website displays confirmation windows for the data provided, which will not allow the Customer to continue with a purchase if the entered data is not in the correct format. In any event, before making payment, Customers may, on the web page, view the selected products and the details of their order in case it is necessary to modify the data of their order. If you detect an error after the end of the payment process, you must contact Customer Service at the following email address: [email protected]

6.HOW TO PLACE AN ORDER
To place an order, Customers must, from the Rocking Seats website, select the products they would like to acquire by creating a virtual shopping list.
Before placing an order, Customers must have followed the steps below:

1.Customers must read and understand the descriptions of the products as they areshown on this website. In the event of any doubt, Customers should contact Rocking Seats by calling the Customer Service number or e-mail us.

2.Customers must read and understand the essential and technical characteristics of the products, which are available in the production information and technical information sections of the website. Among them, any declaration pertaining totechnical standards and features pertaining to the use given to the product.

3.Customers must use the website to consult the indicated price of the products and the possible promotions that may be applicable. They can view and find out the final price, including VAT or any other applicable tax, as well as the price of the selected transport service and the pick-up cost. Customers are informed in advance, and they declare that they expressly acknowledge and accept,that the price of the articles included on the website of Rocking Seats can vary, only downward, according to current promotions at any given time at each of the Rocking Seats stores, and any current promotions at the store selected for processing the Customer’s order will be applicable to their order.

After making the selection, Customers may view the selected products and their final price, after having applied all discounts according to the current offers at the store they selected for processing the order, in addition to the selected delivery mode and any contracted services, as well as the cost of preparing the orders.
If the Customer agrees, they must make payment by clicking on the button:“Pay now”.
After payment, Rocking Seats will immediately confirm the order via email, whereby it will send the Purchase Order. Altough every order is only considered valid after the invoice has been sent by rocking seats. All prices are valid under reserve of errors and mistakes on the website.

7.AVAILABILITY
Rocking Seats, on its website, will show updated information on the availability and stock of the products. Even so, it is possible that the stocks of a product whose availability has been confirmed by Rocking Seats might run out during the order process. In this event, Rocking Seats will notify the Customer of this situation by email and/or by telephone and will offer the following alternatives:
·Delivery of the product in a period that is longer than the one initially indicated,subject to the Customer’s agreement with this situation, at no additional cost.
·Refund of the price charged within a maximum period of seven business days as from the indication by the Customer that this is the selected alternative, through the same payment system used to pay for the order.
The amount to be refunded will include the expenses of the product delivery service that might have been paid for by the Customer.

8.PRICE AND PAYMENT

The prices of products appearing on the website include VAT and are constantly updated, including any special offers that may apply.

Product prices exclude the cost of services, which will be added to the total amount payable before proceeding to the final payment stage.

Customers can pay with PayPal, or by using VISA or Mastercard credit or debit cards.

To complete payment, the Customer must enter the details of the card they wish to use. Rocking Seats has contracted third-party companies which guarantee the security of transactions made via the website. All details provided for these purposes are encrypted in order to guarantee maximum security, and will be stored on a secure server certified in accordance with the SSL protocol.

Rocking Seats shall not be responsible for any failure by the Customer to provide accurate details when completing the purchase and, in particular, damages caused to third parties as a result of unlawful use of payment methods by the Customer.

9.BILLING
Rocking Seats will use a paper or e-mail invoice for the purchase of products and contracted services, which will be sent to the Customer at no charge together with the merchandise if it is picked up at the store or at the Rocking Seats Pick-up point, or it will be sent to the Customer’s address when merchandise is delivered, if the Customer has decided to contract the Delivery Service.

10.DELIVERY
Rocking Seats will send the order within the period indicated by the Customer, which will be at most 30 days as from the date when the order is confirmed. „Delivery“ will be understood to have occurred when the Customer or a third party designated by the Customer acquires physical possession of the products, which will be accredited by signing the delivery note issued by the Carrier for this purpose.
If delivery by Rocking Seats is not possible on the date and within the time frame agreed upon with the Customer, then the order will be returned to the warehouse, and Rocking Seats will contact the Customer to agree upon a new delivery. In these cases, the Customer must once again pay the amount of Transport before it takes place.

11.DELIVERY

By accepting these terms and conditions, the Customer expressly authorises that the service may be provided by third parties specified by Rocking Seats. The Customer also states acceptance of the conditions set forth below and assures the veracity of the information provided.
A. Rocking Seats’S OBLIGATIONS
1. To provide the contracted Service(s) on the date(s) or within the deadline(s) and time frame(s) as stated in the order document. Rocking Seats will not deliver or store articles which have not been purchased at Rocking Seats. The order will include the date and time frame agreed upon, allowing for the arrival of all the goods. Rocking Seats guarantees compliance with the agreed deadlines, unless circumstances unrelated to Rocking Seats occur, or in cases of force majeure that prevent the provision of said services under the agreed conditions. In these cases, it shall not mean a breach of contract by Rocking Seats.
2. The date agreed upon with the Customer for the Delivery can be modified at the Customer’s request. When the request for change is received more than 24 hours before the date established for the service in the order and the new date can be provided within 15 days from the date of the order, the Customer will not incur any extra cost. However, if it is not possible to arrange a new date within those 15 days, the Customer shall assume the cost of the storage provided in section C. Delivery may not be delayed more than one months after the date agreed. Once this maximum period has elapsed, the order will be deemed void, and the price paid for the merchandise and the service will be refunded to the Customer, less the amount corresponding to the price of storage for that order, in accordance with section C.
3. If the Customer changes the delivery address, it may involve an additional cost depending on the new delivery zone.
4. If the Customer is absent on the agreed date and time, Rocking Seats will contact the Customer by phone to agree a new date. In this case, the Customer must pay for a new delivery service, as well as storage if, when arranging a new date, the time period exceeds the 15 days of storage which Rocking Seats provides free of charge, in accordance with the provisions set forth in Sections B.3 and C.
5. The services are ordered and paid for at the time of the purchase. Rocking Seats will not accept subsequent payment (either in cash or by card) from a Customer for a service, unless it can provide an invoice or delivery note for the service. Rocking Seats will only perform the services directly hired from the company. Under no circumstances will it provide additional services which are not in the contract signed by Rocking Seats.
B. CUSTOMER’S OBLIGATIONS
1. Pay the price of the Services at the time when they are contracted and according to the prices stipulated for each Service in the attached order, using in any of the accepted means of payment.
2.To be present at the address where the service is to be carried out on the agreed date at the agreed time, or to arrange for someone else to be present. For any change to the planned date or time, the Customer must inform Rocking Seats more than 24 hours in advance (one business day). If this advance notice is not given within the established time frames, the Customer shall pay for an additional call-out fee or delivery as a requisite for the provisionof a new service. In the cases in which the service is postponed, Rocking Seats will also charge astorage fee in accordance with the conditions set forth in Section C. Services.
3.The correction of any data is essential for the provision of the service. Therefore, the customer declares and guarantees that the details which appear on the order (name, surname(s), telephone numbers, complete address, date and time of the planned service) are correct. The Customer must provide Rocking Seats with a contact telephone number so that Rocking Seats can locate the Customer to arrange the hired services and conduct follow-up.
4.Deliveries to PO boxes or public places are not admitted. In the event that the carrier has to return a second time due to an error in the data, the Customer must pay for the cost of this call-out or delivery according to the order rates.
Once the service hired has been provided, it is essential to sign the delivery note, indicating in the comments section any incidents which may have arisen during the provision of the service or any damage caused whenever visible. This will allow us to take measures to improve the service we provide and keep a record of them. No claims will be accepted which have not been stated on the delivery note, unless they involve hidden damages or defects covered by the warranty.
The Customer is responsible for checking the quantity of packages received, their condition, and for signing for them as proof of conformity, or not, upon delivery after examining the goods together with the Service Provider. The losses and/or damages of the goods and/or installations during delivery shall be stated in writing on the delivery note at the time of delivery.
In the event of damages or losses that are not immediately visible, any claims must be made within 7 days after delivery. The Customer shall submit a description in writing and photographs of any damage/issue which has been noticed. This description can be submitted via email at [email protected] The customer may contact Rocking Seats Customer Service by calling +32 497 23 27 59 between the hours of 9:30 a.m. and 16:00 p.m., Monday through Friday, except for national holidays. Any claim must always include the detailed information so it can be reviewed. Rocking Seats reserves the right to reject any claims straight away if they do not meet the stated requirements.
5.At the time when the service is hired, the Customer must ensure that there is sufficient space and clearance in the place where the delivery of the purchased articles will take place. At the time when delivery is hired, the Customer must also inform if there are any obstacles that may impede or hinder access when delivering the merchandise to the place indicated, such as small doors, narrow stairwells, non-existent or unsuitable freight or passenger lifts,pedestrian streets or streets with limited hours for traffic, etc. These circumstances will be assessed to agree upon a special price, if applicable, for delivery in these cases. If the Customer did not previously inform Rocking Seats about such circumstances and it is necessary to provide the delivery service a second time, it shall be paid for by the Customer according to the rates, for which there will be no right to a refund of the amount of the first delivery and which could involve storage fees, in accordance with Section C.
6.The Customer will be solely liable and relieves Rocking Seats from any liability regarding i) the use of the products in accordance with the corresponding technical specifications and instructions for use, and ii) verification of the correct placement and location in the building in compliance (if applicable) with the building plans, any obligations regarding use and maintenance of the building, emergency and evacuation manuals, and any other requirements that may be applicable to the building in question.
7. The Customer may cancel the contracted services without penalty (Delivery), as long as the Customer notifies Rocking Seats within the 24 business hours following the order and prior to performing the service. Otherwise, Rocking Seats may pass on to the Customer all the costs that it may have incurred. Rocking Seats will refund the Customer (using the same means that the Customer used to make payment) the amounts received for the hired services, within the maximum period of seven business days as from notification from the Customer in such regard. Any costs incurred by Rocking Seats will be deducted from the amount to be refunded to the Customer.
C. DELIVERY AND STORAGE
DELIVERY: Rocking Seats offers a delivery service (at extra costs) to the location indicated by the Customer in the contract for any location inEurope, except for the islands. The delivery deadline will be agreed upon with the Customer in the order. If there are some products in the order which need to be delivered at a later date, the Customer may opt to wait until all the goods arrive and are delivered together, therefore paying for the storage costs according to the rate or paying for several delivery services according to product availability, of which the Customer will be informed at the time when the order is placed.
STORAGE SERVICE: The Customer may postpone the hired delivery of the acquired articles, as indicated in the order. The first 15 days from the moment the services are hired will be free of charge to the Customer. Once this period of time has expired, the weekly amount of € 40 will be applied, which will be reflected in the order as storage service. For every additional week, successive amounts of € 40 will be applied per week. The storage service will have a maximum duration of one months from the moment the service is hired. Any delays in providing the delivery service on the dates agreed due to causes attributable to the Customer will also incur storage costs charged to the Customer, as stated in these terms and conditions.

12. CANCELLATION, WITHDRAWAL AND RETURN
No partial cancellations of an order will be admitted. Customers must place a new order.
A Customer, if they were acting in the capacity of a consumer, will have 14 calendar days as from receipt of the last of the acquired products in the same order to partially or completely exercise their right to withdraw. To exercise the right of withdrawal, a Customer must, within said period, contact Rocking Seats, Fortsesteenweg 34/2 – 2860 Sint-Katelijne-Waver – Belgium. Rocking Seats will furnish a withdrawal document (attached), which the Customer may or may not use for such purpose. Likewise, the Customer may send the withdrawal form to Rocking Seats via email to: [email protected]
In the cases legally provided for partial or complete withdrawal, the costs derived from returning the products will be payable by the Customer, and the products must be made available to Rocking Seats, within the maximum period of three business days as from the notification of withdrawal or of the desire to return the order, if applicable. In the event of partial or complete withdrawal, Rocking Seats will refund to the Customer, through the same means that the Customer used to make payment, within the maximum period of seven business days as from receipt of the returned merchandise by Rocking Seats.

The product that is being returned has to be wrapped and maintained in its original packaging. If not Rocking Seats might charge extra costs. Customers will be liable for the decrease in value of returned products as a result of handling of the same that is unrelated to their nature, their characteristics and/or their functioning, and in such cases, exercising the right of withdrawal or return offered by Rocking Seats is not admitted. To exercise these rights, Customers must present, in any event, the proof of purchase of the products.

13. WARRANTY

In accordance with the provisions, whenever a Customer may be considered to be a consumer, Rocking Seats will be liable for the manufacturing defects of the acquired articles within a period of two years as from delivery. After verifying the existence of a manufacturing defect in a product, Rocking Seats will proceed to repair the product or, if applicable, replace it. If both solutions were not possible, the Customer may request a discount proportional to the price, and if the defect were serious, the Customer may request termination of the contract. Customers are bound to notify any noted defect within two months following the moment when the defect is noted. This warranty will not apply in the event that there is evidence of a different kind of use, such as professional use linked to a business activity..

14.APPLICABLE LEGISLATION. JURISDICTION
This agreement will be governed by Belgian law, which will be applicable wherever this agreement may be silent regarding the interpretation, validity and execution hereof. In the event of any disagreement arising due to the purchase of products through the online sales service and arising from these General Terms and Conditions, and for the purpose of settling all disputes, the parties agree to submit to the courts and tribunals of the city of Mechelen (Belgium), hereby waiving their right to any other jurisdiction. In case of a discrepancy between the Dutch version and the English version of the general terms and conditions, the Dutch version has priority.

We recommend that you review the general conditions regularly; Rocking Seats may amend them to adapt them to changes in regulations or in our services.

Date: 18/05/2018